What is a plaintiff's duty to mitigate their loss by demonstrating reasonable efforts to obtain alternate employment suitable to his employment experience and abilities?
Ontario, Canada
The following excerpt is from Nasager v. Northern Reflections Ltd., 2010 ONSC 5840 (CanLII):
The plaintiff has the duty to mitigate his loss by demonstrating reasonable efforts to obtain alternate employment suitable to his employment experience and abilities. He is required to establish he took all reasonable steps to secure comparable alternative employment. [Bullen, supra, at para. 35; and Red Deer College v. Michaels (1975), 1975 CanLII 15 (SCC), 57 D.L.R. (3d) 386, at para. 11 (S.C.C.)]. The court is entitled to make a deduction from an award of severance pay if the employee fails to mitigate their loss.
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